DOL Withdraws Gig Worker Rule

The U.S. Department of Labor (DOL) officially rescinded the Trump-era independent contractor rule, which gave employers more leeway in classifying gig workers as independent contractors rather than employees. Announcing the decision, Labor Secretary Marty Walsh categorized the decision as helping to “preserve essential worker rights and stop the erosion of worker protections that would have…

Read More »

DOL Rolling Back on Joint Employer

It’s no surprise, but becoming more apparent with each day that the positions taken by the Department of Labor and the National Labor Relations Board under President Biden will be more closely aligned with the anti-business posture adopted under the Obama administration than the free-market positions espoused under President Trump. As a glaring case in…

Read More »

Independent Contractor Rule Clears OMB

One week ago, the White House budget office wrapped up its review of a rule that would make more workers qualify as “independent contractors” under federal law. The completion of the OMB review generally signals that the final rule will be published soon in the Federal Register. The proposed version of the rule would create…

Read More »

Expansive California Bill is Battleground

California Assembly Bill 5 has certainly served to generate significant controversy across many, if not most, industries in the Golden State. AB-5, which has already passed the state Assembly, would codify a California Supreme Court decision (Dynamex Operations West) decided in April 2018. In Dynamex, the state’s highest court established that all workers are essentially…

Read More »

NLRB Rules Misclassification Doesn’t Violate Law –

The National Labor Relations Board ruled yesterday that the simple misclassification of employees as independent contractors does not necessarily violate the National Labor Relations Act. In a split 3-1 decision in Velox Express Inc., the agency found that simply misclassifying workers as independent contractors instead of employees does not interfere with the workers’ rights to…

Read More »

US House Votes To Hike Minimum Wage

Despite months of intra-party fighting among different factions within the democratic membership, the U.S. House of Representatives approved a six-year phased increase in the federal minimum wage yesterday. The final vote of 233-199 in favor of more than doubling the current minimum of $7.25 to $15 an hour by 2025 came after a concerted effort…

Read More »

California Changes Independent Contractor Test

Just a week or so ago, the California Supreme Court altered the long-prevailing standard for determining which individuals may qualify as independent contractors rather than employees. Prior to the court ruling, there were 12 different factors that would be considered in making such a determination. In the case of Dynamex Operations West, the state’s highest…

Read More »

Sanders Targets Right to Work Laws

US Senator and former presidential candidate Bernie Sanders (I-VT) seized upon the aforementioned California court decision in Dynamex (above) and filed legislation this week in Congress that would adopt the three-factor “ABC” classification on the national level. Perhaps more importantly however, the bill the Senator is calling the Workplace Democracy Act would nullify state right-to-work…

Read More »